is this legal ?

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kallis3

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Post by kallis3 » Fri Oct 24, 2008 10:34 pm
What an appalling story! I would most definitly seek legal advice about this. I can't think what Baines and Ernst were doing, unless of course she forged letters from the creditors? On the other hand, that does not explain why Jayne was not asked to vote.

Have you spoken to B&E about this? I'd like to know their side of the story.

This woman needs locking up!
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Adam Davies

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Post by Adam Davies » Fri Oct 24, 2008 10:37 pm
Hi
I have no time for people like this.Contact the IP and make a complaint as Melanie has suggested.
Ae you sure that this is an IVA and not a DMP as Baines and Ernst deal with DMPS and Blaire Endersby IVA,s,I think
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jayne1425

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Post by jayne1425 » Fri Oct 24, 2008 10:39 pm
B&E will not listen to our side.
 
 

kallis3

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Post by kallis3 » Fri Oct 24, 2008 10:44 pm
That could possibly explain how she managed to get away with it Andy. I suppose B&E aren't really bothered as it's not their money.
Sharing from experiences of dealing with debt
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MelanieGiles

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Post by MelanieGiles » Sat Oct 25, 2008 12:30 am
Ask them waht verification work they actually carried out to confirm the validity of creditor claims.
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David Mond

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Post by David Mond » Sat Oct 25, 2008 1:57 am
Something very fishy on this one. I would also refer it to your local police as it is fraud!
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

jayne1425

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Post by jayne1425 » Sat Oct 25, 2008 8:26 am
Without much chance of claiming our £5000 back, I believe that she has come out of the situation rather well. She maintains a house (estimated to be worth £200K - with equity as her mortgage repayments are only £175 per month, therefore small mortgage). Also she has the added bonus of having a new fitted bedroom in spring this year, a new 'luxury' central heating range cooker (worth 5K)in July 2008, a new plumbing system also fitted in July 2008(£3K) and a selection of designed clothing (£1k)in September 2008. It makes me sick. Surely she shouldn't be allowed a IVA in this situation - allowing this one to face the 'Stigma of Bankrupcy' would at least provide us with some feeling of Justice.
She should loose her assets otherwise in 5 years she will have a house (which has improved by the items she has conned others of). It quite simply makes a mockery of people who acctually struggle to pay for basics and those of us who save first before going shopping even if it means going without for years. Companies do not need customers like this. This is what will kill companies - not necessarily the recession!
 
 

pixie

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Post by pixie » Sat Oct 25, 2008 9:13 am
What exactly have b&e told you about this? Just to clarify if it is indeed an iva or a dmp. Was the £5 offered a monthly payment? If it is an iva you should have a copy of the chairmans report which would tell you how much pence in the pound you will receive back.
If it is a dmp, it is not legally binding and you do not have to accept a lower payment.
First thing to do is find out exactly what it is your dealing with.
Pixie
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Julie

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Post by Julie » Sat Oct 25, 2008 9:18 am
Jayne - how do you know exactly how much the mortgage payments and everything else costs?

Are you sure its an IVA - is she listed on the insolvency register?
 
 

kallis3

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Post by kallis3 » Sat Oct 25, 2008 9:33 am
I was wondering that myself Julie. Jayne does seem to have an awful lot of insider information on that person which I don't think you would know as a normal creditor. When I have had things on credit in the past, I haven't volunteered that sort of information, neither have I been asked for it.

If it is genuine, I am more inclined to think that it would be a DMP, but then again B&E would contact all creditors anyway to sort out payments.

If her house is worth that much as compared with her debts, then she would not be insolvent and would probably have been told to remortgage to pay the money off. If there is only a small mortgage, there must be quite a bit of equity on a house worth that much.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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pixie

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Post by pixie » Sat Oct 25, 2008 9:44 am
All the information would be made available to creditors with an i&e for the purposes of a dmp or an iva. They have to accept the i&e afterall.
There's nothing strange in this being available.
Pixie
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IVA started may 07 ended dec 08
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 25, 2008 9:48 am
It cannot be an IVA if it is through Bains and Ernst - they do not do IVAs. If you e-mail me her name to my website, I will check the insolvency register to verify this point.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

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Post by kallis3 » Sat Oct 25, 2008 9:58 am
I have to say that I am trying to get my head round this one!

When I did my DMP, I just had to supply figures to the company, I did not have to say what I had spent the money on, so they wouldn't have known that.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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Julie

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Post by Julie » Sat Oct 25, 2008 10:14 am
I must be cynical too then Jan.

Something just doesn't ring true to me. The easiest way of checking if its an IVA would be for Jayne to look on the register.
 
 

Viki.W

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Post by Viki.W » Sat Oct 25, 2008 10:20 am
I agree with Jan and Julie, something doesn't add up.

Jayne, I suggest you take Melanie up on her kind offer to search the register for you. Then you can decide what route to take.
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